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Article 47 Giving of determinationI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies when the Commission determines any proceedings.

(2)

The Commission must record its decision and the reasons for it.

(3)

The Commission must F1, within a reasonable time, serve on the parties a written determination containing its decision and, if and to the extent that it is possible to do so without disclosing information contrary to the public interest, the reasons for it F2, subject to paragraph (3A).

F3(3A)

In the case of an application by the Secretary of State under Schedule 4A to the 1981 Act, the Commission must serve on the Secretary of State a written determination no later than—

(a)

14 days after the Commission receives the application; or

(b)

if the Commission determines a new date under rule 25E within which the Commission must determine the application, that date.

(4)

Where the determination under paragraph (3) does not include the full reasons for its decision, the Commission must serve on the Secretary of State and the special advocate a separate determination including those reasons.

F4(5)

Where the Commission serves a separate determination under paragraph (4), the special advocate may apply to the Commission to amend that determination and the determination under paragraph (3) on the grounds that the separate determination contains material the disclosure of which would not be contrary to the public interest.

(6)

The special advocate must serve a copy of an application under paragraph (5) on the Secretary of State.

(7)

The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.

Annotations

Textual amendments

F1

Words in rule 47(3) inserted (1.12.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment No. 2) Rules 2007 (S.I. 2007/3370), rules 1(1), 4

F2

Words in rule 47(3) inserted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 13(2); S.I. 2023/450, reg. 2(a)

F3

Rule 47(3A) inserted (10.5.2023) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023 (S.I. 2023/355), rules 2(2), 13(3); S.I. 2023/450, reg. 2(a)

F4

Rule 47(5)-(7) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 29 (with rule 35)

Commencement

I1

Rule 47 in force at 1.4.2003, see rule 1